What Exactly Does Negligence Mean?

The Law Offices of Roberto Hernandez — Sun, 24 Jan 2021 18:02:22 +0000

The term personal injury covers many different aspects. In order to have a successful personal injury claim, negligence needs to be established. How exactly do you do that? Moreover, how does the law determine and define negligence? According to www.law.cornell.edu, negligence is defined as:

A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).

Generally, negligence occurs when an individual fails to act as an ordinary and reasonable individual would under the same circumstances.

What is Negligency Legally?

There are four elements that need to be established in order to prove negligence. Those elements are:

Duty;
Breach of Duty;
Causation; and
Damages.

Duty is an obligation of an individual to exercise care towards others or act in a certain way. Typically, this is the easiest element of negligence to prove. Breach of Duty is displayed by providing facts to show that an individual failed to behave with reasonable case or actions that ordinary prudence requires. Causation requires you to show that the injuries or damages you suffered are a consequence of another’s negligence. Often, experts are hired to help establish causation. Finally, you will have to show concrete evidence of the harms you have suffered. Your lawyer will help you establish a monetary amount of your damages and may utilize your medical records, medical bills, and employment records to help substantiate this portion of our claim.

What are some examples of negligence?

A driver of a vehicle, it could be someone who fails to stop at a red light;
A dog owner whose dog bites someone walking in front of their home;
A medical professional who misreads a study or laboratory results;
A pharmacist who incorrectly fills a wrong prescription;
A store owner who fails to put up a caution wet floor sign when a spill has occurred; or
A building owner who does not make necessary repairs to unsteady stairs or flooring.

If you have been injured as a result of someone’s negligence, call our office to discuss your options. We will take the time to listen to the facts of your claim and provide you an open and honest assessment.

The post What Exactly Does Negligence Mean? appeared first on The Law Offices of Roberto Hernandez, PLLC..

What are the Benefits of Hiring a Lawyer?

The Law Offices of Roberto Hernandez — Fri, 13 Nov 2020 14:37:55 +0000

To some, it may be intimidating to contact an attorney’s office. However, the possible issues that may result if you do not contact an attorney could be shocking, especially when you have to work with an insurance company directly. Understand, the insurance company’s primary objective is to pay out as little as possible when it comes to claims. The adjuster’s primary role is to either find a reason to deny a claim outright or find some way to reduce your claim’s potential value (or reduce their liability).

Insurance companies may also argue:

Your injury is not related to the incident or accident;
You have pre-existing injuries;
Treatment was excessive;
They attempt to blame you;
Steps are taken to accept a quick settlement;
They may deny liability;
Decrease the severity of your injuries; and
They may withhold information relating to all avenues of available recovery.

Insurance policies are complicated contracts. The insurance company already has a significant advantage over you as they address claims every day. Statistically, research shows that hiring an attorney rather dramatically improves how an insurance company values your case. The Insurance Research Council did a study that shows that insurance companies pay out far more money toward represented persons than persons who are not. This study was focused on the car insurance industry, but the results speak that you are much more likely to improve the value of your case by hiring a lawyer.

Some of the benefits of hiring an attorney, according to a study by FindLaw, are:
The law is complicated;
Not have a lawyer may cost you;
Lawyers know how to challenge evidence;
Filing the wrong paperwork or not filing in time may cost your case; and
Lawyers have access to experts.

Have an injury law firm on your side.

The prevention of a problem is better than a cure for it, and hiring competent legal representation can help make sure that something that could become a potentially huge issue won’t. Whether you suffer a minor or serious injury due to the negligence of another party, you need experienced legal advice before taking action to pursue compensation. Legal issues do not often arise in most lives, but when they occur, few people know local laws and processes needed to protect their rights and ensure the best outcome. Help balance the scales of justice and contact our office today. Our attorneys are on your side and will advocate for justice.